This page last modified 18 May 2002
Po 251
Ahuriri Valley
Otago Land District
Tenure review not approved by Commissioner of Crown Lands
CROWN PASTORAL LAND ACT 1998
BEN AVON TENURE REVIEW
NOTICE OF PRELIMINARY PROPOSAL
Notice is given under Section 43 of the Crown Pastoral Land Act 1998 by the Commissioner of Crown Lands that he has put a preliminary proposal for tenure review to Ben Avon Run Co. Limited, lessee of Ben Avon Pastoral Lease.
Legal description of land concerned:
Pastoral lease land:
Part Run 429A Longslip and Longslipside Survey Districts, Part Run 433 Longslipside Survey District, Sections 1, 3 and 5 SO 22899 and Section 2 SO 23922 contained in Land Registry Folio Reference A2/1220 (Otago Land Registry) comprising 8300.2737 hectares.
General description of proposal:
(1) 4729 ha (approximately) to be designated as land to be restored to full Crown ownership and control as a conservation area under Section 35 (2) (a) (i) Crown Pastoral Land Act 1998.
(2) 75 ha (approximately) to be designated as land to be restored to full Crown ownership and control as a Scenic Reserve under Section 35 (2)0 (a) (ii) Crown Pastoral Land Act 1998.
(3) 3496 ha (approximately) to be disposed of by freehold disposal to Ben Avon Run Co. Limited under Section 35 (3) Crown Pastoral Land Act subject to protect*e mechanisms.
Protective mechanisms:
(i) An easement under Section 40 (2) (c) Crown Pastoral Land Act to provide for
public access by foot, non-motorised vehicle or horse to the
proposed
conservation areas and the Ahuriri River.
(ii) An easement under Section 40 (2) (c) Crown Pastoral Land Act to provide
public access by foot, non-motorised bicycle, motorised vehicle
or horse to the
Ahuriri River.
(iii) An easement for management purposes to the Ahuriri River and the proposed conservation areas.
(iv) A conservation covenant under Section 40 (2) (a) Crown Pastoral Land Act over two areas; firstly 71 ha of kettle holes between the Birchwood Road and the Ahuriri River. Secondly over approximately 200 ha on the lower faces of Puke Makariri.
Further information including a copy of the plan, easement and covenant documents is available on request from the Commissioner's agent at the following address:
The Manager Knight Frank (NZ) Limited Land Resources Division P O Box 27 ALEXANDRA
Phone (03) 448-6935 Fax (03) 448-9099 E-mail: ken.taylor@dta.co.nz
Submissions:
Any person or organisation may send a written submission on the above proposal to the Commissioner of Crown Lands, C/- Knight Frank (NZ) Limited at the above address.
Closing date of submissions:
Written submissions must be received no later than 15 May 2002.
SUMMARY OF THE PRELIMINARY PROPOSAL FOR TENURE
REVIEW
OF BEN AVON PASTORAL LEASE
UNDER THE CROWN PASTORAL LAND ACT 1998
INDEX:
(1) Details of land under consideration.
(2) Proposal.
(3) Description of proposed designations.
(4) The proposal in relation to the Objects of Part 2 ofthe Crown Pastoral Land Act 1998.
Appendices:
Appendix 1: Designations plan.
Appendix 2: Draft easement concession for public access to conservation area and vehicles for management purposes.
Appendix 3: Draft easement for public access to reserve and vehicles for management purposes easement.
Appendix 4: Draft conservation covenant.
Details of land under consideration:
Pastoral lease:
Lease Name: Ben Avon.
Lessee: Ben Avon Run Co. Limited.
Location: Ahuriri Valley, Omarama.
Land Registry Folio Ref: A2/1220 (Otago Land Registry).
Legal Description: Part Run 429A Longslip and Longslipside
Survey
Districts, Part Run 433 Longslipside Survey District,
Sections 1, 3, and 5 SO 22899 and Section 2 SO 23922.
Area: 8300.2737 hectares.
Local Authorities: Waitaki Dristrict Council and Queenstown-Lakes
District
Council.
Term of Lease: 33 years from 1 July 1992.
(2) Proposal:
2.1 Land to be designated to be restored to full Crown ownership and control as a conservation area (under Section 35 (2) (a) (i) of the Crown Pastoral Land Act 1998).
Area: 4729 ha (approximately) (shown as Areas A and B edged green on the plan attached as Appendix 1).
2.2 To be designated as land to be restored to full Crown ownership and control as a Scenic Reserve (under Section 35 (2) (a) (ii) Crown Pastoral Land Act 1998).
Area: 75 ha (approximately) (shown as Area C edged green on the plan in Appendix 1).
2.3 To be designated as land to be disposed of by freehold disposal to Ben Avon Run Co. Limited (under Section 35 (3) Crown Pastoral Land Act 1998) subject to protective mechanisms:
Area: 3496 ha (approximately) (edged pink on the plan attached as Appendix 1).
Protective mechanisms:
(i) An easement under Section 40 (2) (c) Crown Pastoral Land Act 1998 over the routes marked a - b, c - d, e - f and g - h on the plan in Appendix 1 to provide for public foot access, non-motorised bicycle and horse access to the proposed conservation areas and the Ahuriri River. The terms and conditions of this easement are contained in the draft easement document attached as Appendix 2.
(ii) An easement under Section 40 (2) (c) Crown Pastoral Land Act 1998 over the route marked i - j on the plan attached as Appendix 1 to provide for public foot, non-motorised bicycle, motor vehicle and horse access to the Ahuriri River. The terms and conditions of this easement are contained in the draft easement document attached as Appendix 3.
(iii) Easements under Section 40 (2) (b) Crown Pastoral Land Act 1998 to provide for conservation management access over the routes previously described. The terms and conditions of these easements are contained in the draft easement documents attached as Appendix 2 and Appendix 3.
(iv) A conservation covenant under Section 40 (2) (a) Crown Pastoral Land Act 1998 over two areas:
(a) A covenant over approximately 200 ha on the lower faces of Puke Makariri shown as Area 1 (cross-hatched green on the plan attached as Appendix 1). The terms and conditions of the covenant are contained in the draft covenant document attached as Appendix 4.
(b) A covenant over approximately 71 ha of kettle holes between the Birchwood Road and the Ahuriri River shown as Area 2 (crosshatched green on the plan attached as Appendix 1). The terms and conditions of the covenant are contained in the draft document attached as Appendix 4.
(4) Description of Proposed Designations:
3.1 Areas A and B - proposed conservation land:
Area: 4729 ha (approximately) (edged green on the map attached as Appendix 1).
Area A is centred on Puke Makariri Peak (1858 metres) and the leading ridge between the Ahuriri and the Dingleburn Catchments. This area also incorporates the upper catchment of Birch Creek leading to an altitude of 1877 metres at the top of Birch Hill.
This area is just)fied for retention by the Crown as it contains a number of significant inherent values. In particular its landscape and attributes contribute to the Dingleburn Valley and also the Ahuriri Valley. The areas proposed for protection have a high degree of naturalness and include a range of vegetation types including mountain beech, tussock grasslands and alpine plant associations. Landform is also important being an ice formed landscape with impressive rocky ridges and bluffs, snow bank areas and pavements on the upper ridges.
The area also contains a Category B threatened plant, namely Pittosporum patulum found amongst the mountain beech. The creeks in the area proposed for protection also provide habitat for a Category C threatened fish species Galaxias brevipinnis and also the alpine galaxid Galaxias paucispondylus which has limited distribution. The area also contains excellent opportunities for recreational use including fishing access to the Dingleburn and alpine experiences on the leading ridge. The alpine area currently receives little use as there is an easier saddle into the Dingleburn on an adjoining property. This does not detract from its potential.
Area B is centred on the distinctive conical peak of Ben Avon. This is a significant landscape feature in the Ahuriri Valley and also provides an excellent vantage point for looking at the vistas of the Ahuriri Valley headwaters.
The protection of this area also has important biological conservation benefits. In particular altitudinal sequences covering a range of vegetation through snowtussock, shrublands, to sub-alpine at the top of Ben Avon (1713 metres). This area includes land at lower altitudes which would have potential for continued economic use while containing low levels of sign)ficant inherent values requiring protection. Due to the nature of the terrain it has not been feasible to identify boundaries to separate this land from the areas of significant inherent values.
3.2 Area C- Ben Avon wetlands:
Area: 75 ha (approximately) (edged green and shown as Area C on the plan attached as Appendix 1).
This area contains a series of wetlands adjoining the Ahuriri River. These wetlands are a sign)ficant feature of the Upper Ahuriri Valley. The wetlands include a number of small streams, oxbows and wet boggy areas. The significance of these areas has already been recognised in part, as a conservation covenant has been established over a portion of the current proposal.
These wetlands are in a surprisingly natural state, despite a long history of pastoral occupation on the adjoining and associated lands. Contained within the wetlands are a mosaic of micro-habitats.
The wetland areas are also important as feeding and breeding areas for a wide range of wetland and aquatic species. Some of the key species identified include the black stilt which is a Category A threatened species, black fronted terns which are a Category B threatened species, marsh crakes, Australasian bitten, shoveller duck and New Zealand scaup. Two species of native fish including the Koaro a Category C threatened species, and the alpine galaxiid have also been identified within these wetlands.
3.3 Land to be disposed of by way of freehold disposal to Ben Avon Run Co. Limited subject to protective mechanisms:
Area: 3496 ha (approximately) (shown outline edged pink on the map attached as Appendix 1).
This area comprises approximately 42% of the reviewable land. The land comprises mid-altitude flats and hill faces being pastoral lands suitable for continued economic use. Approximately 560 ha of this land is currently in cultivated pasture, a further 1600 ha has at some point been oversown and topdressed, the balance being native tussock grassland in good condition. While the upper altitude of this land is up to 1270 metres above sea level this is valuable summer country as part of an overall pastoral enterprise. There are limited areas with sign)ficant inherent values contained within the proposed freehold particularly in relation to tussock grasslands, but on the overall balance of the review and the desirability of finding practical boundaries these have been included in the proposed freehold. Two particular areas of sign)ficant inherent values are subsequently described in relation to the proposed conservation covenant.
3.3.1 Protective mechanisms:
(i) An easement to provide public foot, mountain bike and horse
access to the proposed conservation areas and the Ahuriri River
together with conservation management access. Easement a - b provides
access to the northern end of the proposed conservation land on
the Birchwood/Ben Avon boundary. Easement c - d provides access
between the two conservation areas and at Point
c links with access from the Birchwood Road via Birch Stream and
the conservation area. This easement also potentially provides
access into the Avon Burn catchment. Easement g - h provides a
short access to the Ben Avon conservation area from the Birchwood
Road. This links to the proposed conservation area at the point
of a small waterfall which may be of some interest passing travellers.
Easement e - f provides access to the Ahuriri River at the boundary
with Longslip Station. This provides a point of safe and easy
access to the river margins.
(ii) Easement i - j provides for foot, mountain bike, vehicle and horse access to the Ahuriri River adjacent to Birch Stream.
(iii) A conservation covenant is proposed over two portions of the proposed freehold to provide for protection of sign)ficant inherent values.
Area 1 of approximately 200 ha provides protection for the vegetation contained on the lower faces of Puke Makariri. This vegetation includes shrubland remnants in the gullies and tussock grasslands on the spurs. This is valuable pastoral country capable of economic use but is unable to be readily fenced from the adjoining conservation land. The covenant provides for restricted grazing including utilisation during winter when snow and climatic conditions will prevent stock drift onto the adjoining conservation land. The upper boundary follows the 1200 metre contour. This is chosen as a practical level at which a snowcap will prevent stock drift.
Area 2 contains approximately 71 ha of kettle holes on a terrace above the Ahuriri River. These kettle holes range in area from 1000 m2 to 10 ha. Depending on the season they have varying quantities of water contained in them. The kettle holes are sign)ficant for the specialised plant communities which exist around their edges. These are the southern most series of kettle holes found in the Mackenzie Ecological Region and are the best representation of kettle holes in the Ahuriri Ecological District. They form an important part of the Ahuriri Valley landscape. The vegetation around these kettle holes consists of a rich flora of small creeping and tufted herbs. There are some 29 native and 7 exotic species which were identified in this area. The proposed covenant limits grazing to sheep only and will be closely monitored to determine any future impact on the specific vegetation types. The area will be fenced from adjoining farmland.
(4) The Proposal in relation to the Objects of Part 2 CPL Act:
The objects of Part 2 of the CPL Act are set out in Section 24 of the Crown Pastoral Land Act 1998 viz:
24. Objects of Part 2 - The objects of this part are:
(a) To:
(i) Promote the management of reviewable land in a way is that
is
ecologically sustainable:
(ii) Subject to subparagraph (i), enable reviewable land capable
of
economic use to be freed from the management constraints
(direct and indirect) resulting from its tenure under reviewable
instrument; and
(b) To enable the protection of significant inherent values of reviewable
land:
(i) By the creation of protective mechanisms; or (preferably)
(ii) By the restoration of land to full Crown ownership and control; and
(c) Subject to paragraphs (a) and (b), to make easier -
(i) The securing of public access to and enjoyment of reviewable land; and
(ii) The freehold disposal of reviewable land.
This proposal promotes the management of the land in a way that is ecologically sustainable by:
The significant inherent values contained in the wetlands adjacent to the Ahuriri River, the Dingleburn catchment, and the faces of Puke Makariri and Ben Avon are to be retained by the Crown in full ownership and control thereby providing protection. Two areas where there are sign)ficant inherent values that can be managed in conjunction with pastoral farming are proposed for freehold disposal subject to conservation covenants thereby protecting the sign)ficant inherent values.
Having identified the above the freehold disposal to the current holder of the lands capable of economic use is proposed.
Public access is well provided for in this review. Access to the proposed conservation areas, the Dingleburn catchment, and the Crown lands beyond is provided for at three points by virtue of two easements and via the marginal strip on Birch Stream. Access to the Ahuriri River is also provided for at three points including vehicle access via an easement adjacent to Birch Stream. The proposed wetland reserve adjoins the Birchwood Road at the northern end and further access is also provided at the southern end of the property.
APPENDIX 1:
DOC CONSERVATION
RESOURCES REPORT
ON TENURE REVIEW OF BEN AVON PASTORAL LEASE
[ 6 March 2000]
PART 1
INTRODUCTION
Ben Avon Pastoral Lease lies on the west side of the Ahuriri Valley
about 12 hens up the valley from the junction of SH 8 between
Lindis Pass and Omarama. The lease covers 8324 hectares and extends
over into the Dingleburn Valley. There is an area of freehold
flats around the homestead (81 hectares).
To the south of the lease is Longslip Pastoral Lease while to the north is Birchwood Pastoral Lease. Across the Ahuriri River to the east is Quailburn Station. To the west, at the southern end of the lease, is Unoccupied Crown Land, which is grazed at times by Ben Avon. At the northern end of the lease the western boundary drops down to the floor of the Dingleburn Valley. Birchwood, Quailburn and Ben Avon Pastoral Leases are being dealt with as one tenure review.
A wetland area of 24 hectares adjacent to the road near the homestead has been purchased by the Crown and gazetted as a Scenic Reserve. A further area of 64 hectares adjacent to the reserve is protected as a Conservation Covenant under the Conservation Act.
Ben Avon occurs in two Ecological Districts - the Dingleburn area is in the Wanaka Ecological District and the major portion of the lease is in the Ahuriri Ecological District. The districts are characterised by glaciated mountain ranges and river valleys with bedrock of schist and greywacke and alluvium in flat valley floors. The districts have a mountain climate of moderately high rainfall and a covering of bare rock, scree, valley floor grassland, montane and subalpine beech forest, scrub. alpine tussockland and high alpine zones.
The Ahuriri Ecological District has been surveyed as part of the Protected Natural Areas Programme. The Ahuriri River was recognised as a priority area for protection. The river is now protected by a Water Conservation Order.
PART 2
INHERENT VALUES: DESCRIPTION OF CONSERVATION RESOURCES AND ASSESSMENT
OF SIGNIFICANCE
2.1 Landscape
Ben Avon is in a transition area of landscape types. Three distinct types occur across the property. The first is a broad Upper Waitaki/Mackenzie Range and Basin Type. This includes the Ahuriri Valley floor section on Ben Avon and the front faces.
The second landscape type is a Western Mountains Type. This type is characterised by glacial U-shaped valleys typical of valley systems close to the Southern Alps and with a significant forest and shrubland component. On Ben Avon this includes the northern and western basins and gullies of Birch Creek (and the Dingleburn U.C.L.)
A third landscape type is also apparent, the Lindis Landscape Type which is drier, has landform more akin to a Lindis Pass Type i.e. distinctive ridge and gully landform with smooth colluvial slopes and is predominantly an open tussock landscape. This includes Ben Avon (the mountain) and also extends south into adjoining Longslip and Dalrachney pastoral leases which have similar characteristics.
Ben Avon can be divided into three landscape units, which equate to the three landscape types described above. For each type a description of landscape character and a description of visual and scenic values is given followed by an evaluation.
1. Ahuriri Valley (Upper Waitaki /Mackenzie Range and
Basin Landscape Type)
Description of Landscape Character
This unit includes the valley floor and the front faces, which collectively form a logical landscape entity. The front faces overlap with landscape units 2 and 3.
The flats are formed of glacial till, outwash gravel and low moraine material and are part of the broad and expansive Ahuriri Valley. Steep mountain slopes on the western side enclose the valley. The river forms the property boundary and its meandering pattern is a dominant feature on the valley floor. The valley floor appears at first relatively flat but is made up of hummocky, terrain, low hills, terraces and flats. Old stream courses, flushes, and ponds intervene with drier areas.
Cultural elements include the public Birchwood Road, power poles and wires, and some fencing. Grazing blocks are large on the drier terraces and flats at the southern end. Farming patterns are gradually more intensive toward the heavier ground near the farm facilities. South of Birch Creek the flats have been drained and developed into farmland with green pasture paddocks, cropping and scattered willow.
Wetlands are a feature of the flats particularly in the low-lying middle and northern section. The wetlands include small lakes, oxbow ponds, moraine bogs and flushes and kettleholes. These, and the associated wetland vegetation, and wildlife are very important to local character and identity.
The front faces comprise steep slopes with prominent fans at the base. Pockets of beech and shrubland occur in gullies and as patchy shrubland elsewhere. Slope wash and slump areas are a feature on very rocky steep slopes and scree below Puke Makariri.
Visual and Scenic Values
The Ahuriri Valley unit has high visual and scenic values being part of a wider landscape context and setting which is of regional significance. The Canterbury Regional Landscape Study (Boffa Miskell and Lucas Associates) identified the Ahuriri Valley as regionally outstanding.
The open unobstructed views across the broad glacial and alluvial valley floor and to the mountain landscape beyond are highly scenic and the essence of the South Island back country landscape. The river, the intricate wetlands, plant associations and wildlife provides added diversity and visual interest. The small lake and islands with Carex nigra, and oxbow ponds are the focus of interest, and often appear in photography for calendars and pictorials as icons of backcountry New Zealand.
The visual and scenic values on Ben Avon contribute to the recreation experience. The area is popular with fishers, campers, picnickers and pleasure drivers. While the Ahuriri valley is not viewed from any major tourist road, all of it is viewed from the public road that runs through the property.
Evaluation Summary -Ahuriri Valley Unit
Intactness: Vegetation modified but natural patterns mostly intact Coherence: High degree of visual coherence. Landform very legible Distinctiveness/uniqueness: High -especially wetland area and water bodies Visibility: High visibility from public backcountry road Significance: Regionally significant landscape. Wetland possibly nationally significant.
2. Birch Creek North and West Catchments (Western Mountains
Landscape Type)
This unit includes the Birch Creek ridge and gully system extending down from the boundary ridge to the saddle below Ben Avon. It does not include the north face of Ben Avon (mountain) within the Birch Creek catchment.
Very steep rugged glaciated ridges and extensive scree, rock, and pavements are a feature of the upper ridges leading down from the skyline ridge. The upper basins are typically ripply slump topography with uniform vegetation cover and boulder fields. Snow bank vegetation occurs in the upper basins, notably celmisia, blue tussock and dracophyllum with little or no snow tussock. The two northern catchments are very steep with extensive shrubland on the shady faces and mountain beech in the lower catchment. Below the bushline, the exotic grass component increases significantly.
Visual and Scenic Values
Jagged towering ice plucked rocky ridges and scree combined with snowbank vegetation, alpine shrubland, tussock and forest form a landscape with high visual values.
Evaluation Summary - Birch Creek Unit
Intactness: Upper slopes intact apart from absence of snow tussock in some areas. Coherence: High. No intrusive elements Distinctiveness/Uniqueness: Medium - not dissimilar to other high country lands Visibility: Ridgeline and upper slopes visible from public road. Significance: Locally significant
3. Ben Avon (Lindis Landscape Character Type)
The unit refers to Ben Avon (the mountain as opposed to the pastoral lease). Northern aspects of this unit drain into Birch Creek and southern aspects into the Avon Burn
The north faces consist of a series of smooth, gentle and steep ridges, colluvial slopes, scrubby gullies and conical hills (Lindis Landscape Type). The south faces above the Avon Burn are steep broken ridge and gully landform with similar patterns to the northern side. A notable feature is little or no forest or even shrubland cover- probably due to burning over a long period. There is a marked difference in the condition of tussock between sunny and shady faces i.e. greater stature and cover on the shady faces. Sheet and gully erosion is evident on steep slopes
The east facing slopes (above the Ahuriri Valley) are steep mountain slopes. Small pockets of beech forest and shrubland occur in gullies with patchy grey shrubland on the lower slopes. Scree and snow tussock are dominant above 1200 m.
Visual and Scenic Values
This unit has no individually outstanding visual attributes. Its primary value is that much of it is part of the wider Ahuriri Valley landscape, (especially the east and northern faces). Several access tracks within this unit (on the north and east facing slopes) tend to detract where they cut across bare open slopes. However they are minor compared to adjoining Longslip pastoral lease. A degree of land degradation in the form of bare ground, erosion and hieracium also tends to detract from visual values.
Evaluation Summary - Ben Avon Unit
Intactness: Medium to high on upper slopes. Low on lower slopes
Coherence: Medium. Visually coherent in term of natural landform and vegetation patterns.
Distinctiveness/Uniqueness: Similar to distinctive Lindis Pass Type landscape, which is unique to area, within New Zealand
Visibility: East and north faces visible from public road. South faces less visible.
Significance: Regionally significant. North and east faces very significant as a component of wider Ahuriri Valley landscape.
2.2 Landforms & Geology
The lease includes three landforms - the flat country stretching from the foot of the mountain ranges to the Ahuriri River, the southern mountain block of Ben Avon and a larger, northern mountain block rising to Puke Makariri at 1858 m, the highest point on the lease. The flat country includes river terraces, rolling morainic country with several quite large kettle holes and significant wetlands containing small lakes, oxbows and cutoffs along the Ahuriri River.
On the southern boundary the land drains into the Avon Burn with the lease boundary being the river. Most of the lease drains into Birch Stream which flows from extensive headwater catchments down through some small gorges and out on an alluvial fan to the Ahuriri River. Small, incised streams also run off the eastern faces of Ben Avon and Puke Makariri directly into the Ahuriri.
The basement rocks on Ben Avon are a mixture of greywacke and argillite and low grade schists. The eastern faces of the mountain range are strongly schistose rock, while the valley floor is mostly alluvium with outwash gravel and glacial till.
2.3 Climate
The climate of the property is strongly influenced by its proximity to the Southern Alps and is characterised by a steep rainfall gradient and prevailing north-west winds. Precipitation increases from 2800 mm at the south end of the valley to more than 6000 mm on the mountain tops. Above 1300m there is usually a heavy winter snow cover. Temperatures are generally cool with some warmer temperatures at lower altitudes.
2.4 Vegetation
Plant communities found on Ben Avon include high altitude cushionfields, snowbanks, boulderfields, screes and fellfield, snow tussock grasslands, shrublands on high, mid altitude and valley bottom, cliff vegetation and mountain beech forest. Significant parts of the property show the effects of past fire and continuous grazing with the tussock cover much reduced and Celmisia prominent on higher areas. Other signs include the comparatively small patches of remnant beech forest, the large areas of regenerating shrublands with much matagouri of small stature, and the mainly grassy fans, cleared or partly cleared of shrubs. The effects of fire and grazing have probably been exacerbated by the very dry to arid climate at this end of the Ahuriri valley.
Adventive plants are found in every community and particularly on much of the flat land, lower rolling country and hill slopes. Even so, these later areas still have an important native component, which forms the ground cover and may be co-dominant. This is especially so above about 1100 m and lower on some south and east facing slopes. Above 1300 m indigenous plants dominate. The vegetation pattern on Ben Avon can be divided into 3 areas.
(1) Valley Floor: Most of the river terraces, rolling moraine and valley fans are grassland. This varies from largely adventive grassland of sweet vernal (Anthoxanthum odoratum) and brown top (Agrostis capillaris) with scattered hard tussock (Festuca novae zelandiae) to hard tussock with sweet vernal and brown top. Mouse ear hawkweed (Hieracium pilosella) can be prominent and is present throughout with cats ear (Hypochaeris radicata). A number of indigenous plants such as Leucopogon fraseri, Raoulia subsericea, Rytidosperma pumilum, Poa colensoi, Pimelea oreophylla, Luzala rufa, Coprosma petriei, Gaultheria novae-zelandiae, Scleranthus uniflorus, Wahlenbergia albomarginata, Carex breviculmis, Anisotome flexuosus, Helichrysum filicaule, Acaena caesiiglauca and mosses and lichens are included in the grasslands.
On stony ground, stones and bare ground can make up 10-15% of the cover with mouse ear hawkweed up to 35%, adventive grasses 15%, hard tussock 10%, Rytidosperma pumilum 5%, Leucopogon fraseri 5-10%, lichens 5-10% and other minor species. Speargrass (Aciphylla aurea) occurs as scattered plants but can be more prominent in places. In hollows and areas with better soils the grasses are more dominant with more mosses and less hawkweed. Shrubs of matagouri (Discaria toumatou) and native broom (Carmichaelia petriei) occur as scattered plants in the grassland, particularly on shingly areas and grow thickly along shingly water courses and on the fans where they have not been cleared away. Where the ground is damp, such as hollows at the foot of hill slopes and shallow gullies, rushes, sedges and mosses grow with Bulbinella angustifolia and grasses such as Yorkshire fog (Holcus lanatus).
At the northern end, wet lands, comprising of small lakes, oxbows and river cutoffs and sedgeland, are extensive. Their importance has been recognised in several reports (Grainger 1990, Johnson 1991) and now in the protection, by reservation and covenant, of probably the best of the area.
Vegetation types associated with the oxbow ponds include the sedge grasslands on the toe slopes with the reddish sedge tussock, Schoenus pauciflorus, often dominant. Maori onion is usually present, as are the common grasses, Yorkshire fog and sweet vernal. On the moister flats there is more meadow grass, stitchwort and Carex sinclairii. In the ponds pondweed and milfoil are common. Callitriche petriei and Eleocharis pusilla are also present. Stream courses linking and feeding the ponds also contain pondweed and milfoil, but water buttercup, water forget-me-not and Montia fontana are also present. Small streams with soft mud bottoms typically contain Ranunculus cheesemanii and Hydrocotyle sulcata. Islands and promonotories are densely covered in tussock-q of Carex secta, along with curled dock and scattered small trees of crack willow. Wet swards of jointed rush (Juncus articulatus), spike sedge (Eleocharis acuta) and foxtail occur beside the ponds and streams. On the moist but firm, hummocky ground a sedgeland of Carex diandra, C. sinclairii, meadow grass, browntop, Yorkshire fog, Deschampsia caespitosa, alsike clover and the moss Drepanocladus occurs.
Johnson (1991) has described the vegetation of the Kettleholes as being a very important feature and "the best concentration of kettleholes in the Ahuriri Ecological District". When water levels are low with considerable exposed lake edge stock, in particular sheep, have apparently camped around the edges leaving an enormous amount of excrete which must have an effect on the ecology and the water quality as the water level rises.
The vegetation of the kettleholes consists of a rich flora of small creeping and tufted herbs. The lowermost of these are aquatic plants while progressively more elevated zones have species more tolerant of seasonal drought. The grasses Agrostis stolonifera and Glyceria declinata grow in the water along with rushes (Juncus effusus). Above the water level Agrostis stolonifera and Epilobium angustifolium dominate. Minor species are A. muscosa, Carex gaudichaudiana and Scirpus setaceus. Around the margins are Poa lindsayi, P. colensoi, Hypericum japonicum Gnaphalium mackayi, G. paludosum, Gonocarpus micranthus, Pratia perpusilla, Epilobium alsinoides, Pimela prostrata, Coprosma petriei, Luzala rufa, Anthoxoxanthum, Viola cunninghamii and Cyathodes fraseri var. muscosa The flora (29 native and 7 naturalised species) is not as large as the kettleholes near Lakes Ohau, Pukaki and Tekapo but does exhibit the usual marked variation in vegetation found between individual kettles.
The valley fans and lower hill slopes of the Ahuriri faces contained similar grassland vegetation to that of the valley flat land though in many places the shrubland is making a valiant attempt to return.
(2) Ben Avon: On north and west facing slopes below 1100 m there is a mosaic of exotic grassland with mouse ear hawkweed and hard tussock as well as exotic grassland, native herbs and small shrubs and a few remnant narrow-leaved snow tussock (Chionochloa rigida). The snow tussock-q are of short stature (400 mm) and often chewed. In places small matagouri shrubs are present. On some slopes this induced community climbs to about 1300 m. On south and east faces the vegetation has a higher native component with snow tussock more prominent and present down to 800 m in places such as in sheltered gullies. Boulderfields, which occur on some spurs and faces, are usually colonised by snow totara (Podocarpus nivalis).
Two of the deep rocky gullies draining towards the Ahuriri contain remnant beech forest and/or good, diverse shrubland. Species found here include matagouri, mountain ribbonwood (Hoheria Iyallii), mountain wineberry (Aristotelia fruticosa), mountain flax (Phormium cookianum), Corokia cotoneaster, Melicytus sp., Coprosma rugosa, C. propinqua, C.sp. "t", C. ciliata, Hebe rakaiensis, H. salicifolia, Carmichaelia petriei, Muehlenbeckia complexa and brier (Rosa rubiginosa). Associated boulderfields contain snow totara, Gaultheria crassa, Hypolepis millefolium, Melicytus alpinus, bracken (Pteridium esculentum) and speargrass. On nearby bluffs can be found Helichrysum intermedium, Celmisia densiflora, Poa colensoi, Elymus solandri, Festuca mathewsii, Brachyglottis haastii, Anisotome brevistylis, Chionochloa rigida, and the rock fern Asplenium richardii. Hieracium lepidulum, the tussock hawkweed is common also. Small remnant patches of mountain beech (Nothofagus solandri var. cliffortioides) also occur on the rocky faces above the gullies.
Above 1100 m the indigenous plants generally dominate with hard tussock, blue tussock (Poa colensoi), Rytidosperma pumilum and the many small native grassland herbs and shrubs that are also found at lower altitudes. Narrow-leaved snow tussock occurs as isolated plants (all small)- on north and west faces with scattered bushes of Ozathamnus vauvilliersii and Dracophyllum uniflorum. Brown top, sweet vernal and mouse ear hawkweed are still present and prominent and occasionally dominant. Occasional kanuka (Kunzea ericoides), a plant which has virtually disappeared from the area, presumably from the effects of frequent fire, can be found. On south and east slopes the narrow-leaved snow tussock cover is slightly better and shrubs such as Leucopogon colensoi, Ozothamnus vauvilliersii, Gaultheria crassa, Dracophyllum uniflorum and D. pronum can be important. A small patch of kanuka persists above Avon Burn.
Good snow tussock and shrubland is found in the gully below point 1145 m just south of Ben Avon homestead. The good, relatively dense, snow tussock continues up the west face above the old 4WD track to point 1411 m. This point is at the head of another good beech remnant, shrubland, snow tussock sequence in a small catchment containing the shrubland described above .
At about 1200 m narrow-leaved snow tussock begins to become dominate on all faces although it is still less than 50% cover and is short in stature. Adventive species become less prominent as altitude is gained. On the ridge where soils are shallow, snow tussock has a cover of 10%, hard tussock 20%, sweet vernal and brown top 25%, mouse ear hawkweed 15%, Raoulia subsericea 10% and bare ground 5-10%. Several other native plants are present including Pimelea traversii where it is rocky, Gaultheria nub ico la, Pentachondra pum ila and Pimele a oreophylla
At 1400 m the narrow-leaved snow tussock has about 60% cover although on rocky areas and around scree slopes it is more open. Above about 1550 m slim-leaved snow tussock takes over and continues to the upper slopes of Ben Avon. Other plants appearing here are Schizeilema hydrocotyloides, Leptinella pectinata, Kellaria villosa, Stellaria gracilenta, Scleranthus uniflora, Carex wakatipu and Epilobium pychnostachyam. Sheep camp on the summit area and have removed all snow tussock except for a few plants chewed right down to the base. Hard and blue tussock dominate with Rytidosperma pumillum, Raoulia subsericea, R. grandiflora, Scleranthus uniflora, Luzula pumila, Anisotome flexuosus and the adventives sheep's sorrel (Rumex acetosella) and mouse ear hawkweed. Chewed down tussock-q are found on the south slopes also, above a large scree which is cries-crossed with animal tracks. Plants on the scree and rock outcrops include Hebe pinguifolia, Chionohebe densiflora, Acaena saccaticupula, Celmisia angustifolia, C. viscosa, C. Iyallii, Kelleria childii, Phyllachne colensoi, Aciphylla montana, Uncinia fuscovaginata and chewed down slim-leaved snow tussock. Below the summit area, the tussock health and density improves with good slim-leaved snow tussock down to about 1350 m on the south and east facing slopes and narrow-leaved snow tussock below, at least to 1100 m.
(3) Puke Makariri: The catchment of the south branch of Birch Creek draining part of the lower west face of Ben Avon contains a similar vegetation to that described for the lower Ahuriri faces, a mixture of native hard tussock and adventive grassland, the later often dominant. There are few snow tussock-q. Native shrubs are scattered across the grassland and in places are quite prominent as in the lower slopes above the Homestead where Dracophyllum uniflorum and Leucopogon suaveolens with Gaultheria novae-zelandiae, Pimelea oreophylla and Ozothamnus vauvilliersii grow thickly amongst the sweet vernal, brown top and mouse ear hawkweed. Matagouri is prominent in gullies. A sheltered south face in one small gully has very good, dense shrubland with a diverse community of Dracophyllum uniflorum, D. Iongifolium, D. pro n um, Podocarp us n ivalis, Ozothamn us, Gaulther ia, Coprosma speci es and matagouri.
North of this area, large tributaries of Birch Creek penetrate steep mountain country northwards and westwards. Large areas of mountain beech forest fill the lower valley bottoms in places. A threatened plant, Category 'B' species Pittosporum patulum has been found in the lower stand of beech forest and is probably in the upper stand as well.
A diverse shrubland extends above the forest, especially where the bushline has been depressed by fire. It contains similar species to those listed above and includes Brachyglottis cassinioides, Phyllocladus alpinus, Hebe anomalus, mountain wineberry and mountain ribbonwood. Large plants of snow tussock and speargrass are also found here. Lower ridge tops where the soil is shallow contain brown top, sweet vernal and mouse ear hawkweed with blue tussock, Celmisia Iyallii, Dracophyllum pronum and other small native herbs and shrubs, the latter dominating in places. Off the ridge top, native plants dominate with hard tussock, blue tussock, speargrass, Celmisia species, particularly C. Iyallii. with Dracopyhllum and Ozothamnus shrubs. On some sunny faces, the adventive grasses dominate. Narrow-leaved snow tussock-q appear as scattered plants except in shallow, sheltered gullies where it is dominant.
Above 1300 m the indigenous species are dominant and the plant communities vary depending on aspect and substrate. Slopes with deeper soils contain snow tussock grassland with its associated species. A rocky ridge with numerous large boulders covering 30 - 40% of the ground, typically contains narrow-leaved snow tussock, blue tussock, hard tussock, Celmisia Iyallii and Dracophyllum pronum. Boulderfields and screes, which are common in the larger gullies and upper faces contain Polystichum cystostegia, P. vestitum, Myrsine nummularia, Melicytus alpinus, Lycopodium fastigiatum, Epilobium pychnostachyum and Colobanthus strictus.
The summit ridges are primarily cushion vegetation with bare ground in exposed areas. Dracophyllum pronum often dominates on rocky ground with other cushion plants such as Kellaria dieffenbachii, Chionahebe densiflora, C. thomsonii, Celmisia sessiliflora, Raoulia hectorii, Phyllachne colensoi and Hectorella caespitosa. In snow hollows Celmisia haastii, Coprosma niphophylla, Raoulia grandiflora, Agrostis muelleriana and Ourisia glandulosa are common. Celmisia viscosa forms large patches and Celmisia Iyallii appears to have taken the place of slim-leaved snow tussock, the latter being uncommon.
2.5 Fauna
2.5.1 Birds
The Ahuriri Riverbed and associated wetlands are extremely valuable habitat for wildlife because of the low level of invasion by exotic species such as willow and lupin. The river and wetlands are also important for the variety and number of habitats they provide for birds feeding and breeding. The wetland and river bird species found on Ben Avon, the majority of which are known to breed in this area, include black stilt (category A threatened species), black-fronted tern (category B), Wrybill (category B), banded dotterel (category C), Australasian bittern, shoveler duck, pied stilt, South Island Oystercatcher, marsh crake, New Zealand scaup, black-backed gull, black billed gull, black shag and little shag.
The beech remnants on Ben Avon are regionally important as a habitat for bush dwelling species. Because of the remnant nature of the habitat, species diversity is less than in larger patches of forest such as that protected in the Ahuriri State Forest. However, the following species can be found -rifleman, grey warbler, New Zealand falcon, fantail, brown creeper, bellbird, pigeon, South Island tomtit and Long-tailed cuckoo.
2.5.2 Fish
Four species of endemic and one introduced species of fish have been recorded in the rivers, streams and wetlands of this property. These are alpine galaxies (Galaxias paucipondylus), koaro (Galaxias brevipinnis), common galaxiad, (Galaxias vulgaris), upland bully (Gobiomorphus breviceps) and the introduced brown trout.
2.5.3 Reptiles
Three species of skink and two geckos have been recorded in the area. They are the spotted skink (Oligosoma lineoocellatum) on screes and boulderfields, McCanns skink (Oligosoma maocanni), and common skink on rocky areas and grasslands; the common gecko on rocky areas throughout and the jewelled gecko on lower altitude bush and scrub.
2.6 Historic
Ben Avon and it's neighbour, Birchwood, were originally part of Longslip Station. The original Longslip stretched from Lake Hawea to Lake Ohau. In 1873 a new homestead for Longslip was built where the Ben Avon homestead is today. In 1883 the homestead site was freeholded and in 1897 Longslip was divided into three parts. Ben Avon Country (Run 429A) was reduced to 6060 acres and a 21 year lease was given to Hodgkinson. In 1906 the lease was transferred to Edmund Cameron (Hodgkinson's son-in-law).
The old woolshed at Ben Avon was originally Longslip's woolshed. Trees around the original homestead site are of some historic interest. The only area of some historic interest on the station hill country is the track used to clear the beech forest in the late 1800's and early 1900's and the associated regeneration of the beech since clearing stopped early in the 1900's. The present lessee is well known for his evocative poetry of the High Country.
2.7 Public Recreation
2.7.1 Physical Characteristics
Ben Avon varies from valley flats bordering on the river to rugged mountaintops. Extensive wetlands occur on the valley floor. Hill slopes are, at first, gentle but then rise steeply to the ridgelines. Puke Makariri, in particular, is rocky and precipitous.
A 4wd track skirts the southern side of Ben Avon and two other tracks climb the gullies behind the homestead on to Ben Avon and up to the boundary with Longslip. A track diverts off the road to give access to the river. Otherwise the lease is relatively undeveloped and access is gained, primarily, by foot or horse.
2.7.2 Legal Access
Birchwood Road, which runs through the property, is a legal road. A marginal strip follows both banks of the Ahuriri River along the length of the lease. There is no other legal access on the property.
2.7.3 Activities
Existing activity includes the occasional hunter (pigs, thar, deer and chamois), some tramping in combination with trips into the Dingleburn or onto Longslip and some horse riding trips. The lagoon in the Scenic Reserve is a favourite site for tourists and photographers. Fishing parties gaining access to the Ahuriri River make the greatest use of the lease.
Climbs onto Ben Avon and Puke Makariri could become popular as would the opportunity to mountain bike, horse ride and tramp up the track behind the homestead and over into the Avon Burn on Longslip or the Dingleburn and Timaru Creek.
PART 3
OTHER RELEVANT MATTERS & PLANS
3.1 Consultation
At early warning NGO meetings in Timaru and Christchurch in August 1999 NGO's were asked for comment on Ben Avon. A written submission has been received from Federated Mountain Clubs. The submission calls for:
1. The covenanted wetland should become public conservation land to provide a more secure form of protection.
2. The Birch Creek catchment and the upper slopes of Ben Avon should be transferred to DOC.
3. Marginal strips should be set aside on Birch Creek, Avon Burn and the Ahuriri River.
4. An easement from the road to the Ahuriri River should be set aside with car parking arranged off the road.
5. An easement could be needed for trampers along the South boundary from Avon Burn to the road to link with access on Longslip.
6. An easement would be needed from Avon Bum or Bush Creek to allow trampers, climbers and possibly mountain bikers access to Ben Avon peak.'
7. The lower slopes of Ben Avon and the gully behind the homestead should only be considered for freeholding provided some way can be found to prevent grazing animals entering the areas to be transferred to DOC.
8. The fenced area on adjoining Birchwood lease suitable for freeholding to be transferred to Ben Avon in compensation for loss of grazing on Ben Avon which cannot be fenced.
Comments from other NGOs supported the greater protection of the wetlands and the river and the provision of access to the Ahuriri River and on to, and around, Ben Avon.
3.2 Regional Policy Statements & Plans
Not applicable.
3.3 District Plans
Ben Avon lies mainly in the Waitaki District, except for the Dingleburn catchment which lies in the Queenstown Lakes District. The Waitaki proposed plan was publicly notified
in December 1996. Under this plan Ben Avon is zoned RS (rural scenic). The Rural
Scenic Zone contains areas of the District which have significant scenic values generally
being the high country, rangelands and inland basin areas.
There are no significant sites identified in the plan on Ben Avon (or anywhere else in the Waitaki District) i.e. none of the RAPs identified in PNA surveys or SSWI's in Wildlife Surveys have been recognised despite the Departments belief that they should be.
There are controls on buildings, earthworks, indigenous vegetation clearance and forestry - but only on areas within 20m of a lake, river or wetland, or above 900m. There are also controls on earthworks (including tracking) on slopes greater than 20 degrees and controls on clearance of indigenous bush.
The Council has recently issued interim decisions, which have no legal status, but indicate what the final decisions are likely to say - and which are to be notified in September/October of this year. These decisions have sought the deletion of controls on activities on land over 900m, clearance of indigenous bush and earthworks. Some controls on earthworks are likely but are looser than shown above.
The final decisions on the Queenstown Lakes District District
Plan have been notified.
References to the Environment Court are currently in mediation
to identify significant
sites and include general indigenous vegetation clearance rules
(which the Plan has
none
of). The only controls on forestry are on planting of Pinus
contorta, Scotts pine, Douglas
fir, European Larch and Corsican pine (discretionary activities).
There are some controls
on earthworks over 2m vertical height, 1000m3, and 2500m2, (limited
discretionary
activity)
3.4 Conservation Management Strategies & Plans
Ben Avon occurs in the Waitaki Unit of the Canterbury CMS and in the Hawea-Lindis Special Place of the Otago CMS. Key priorities recognised in the Waitaki Unit include:
1. To negotiate with landholders to protect significant areas of native vegetation and wildlife habitat.
2. Seek formal habitat protection for wading birds.
3. Seek the gazettal of key areas of Crown riverbed with high wildlife value as conservation areas or reserves.
4. Negotiate for enhanced public access as part of tenure review.
5. Identify areas suitable and unsuitable for off-road vehicle use in conjunction with 4wd groups and district councils.
6. Manage mountain biking by identifying suitable tracks and areas.
7. Identify areas suitable or unsuitable for horse travel.
Objectives for the Hawea-Lindis Special Place are:
1. To manage and enhance recreational opportunities on lands administered by the department in the Hunter-Hawea area to maintain the natural and historic resources of areas while providing for an appropriate range of recreational activity of high quality.
2. To achieve permanent protection for areas of significant nature conservation importance in the area.
3. To maintain and where: appropriate enhance the quality of acquatic habitats in the area.
3.5 Freshwater Fisheries Plans
Not applicable.
PART 4
MAPS ETC.
4.1 Additional information
Acknowledgements
I would like to thank Jim Morris (lessee) for assistance with this survey. Also the members of the survey team - Phil Blakely (landscape), Neil Simpson (botanical), Joy Comrie, Dave Massam and Simon Elkington (DOC).
4.2 Illustrative Maps
4.2. 1 Topo/Cadastral
4.2.2 Values
PROPOSED DESIGNATIONS REPORT:
TENURE REVIEW OF THE BEN AVON LEASE
HELD BY J. MORRIS UNDER
PART 2 CROWN PASTORAL LAND ACT
(FOR OFFICIAL USE ONLY)
1 Recommendations
1.1 That the proposals described below be submitted to the
CCL's Agent, during the consultation process on the preliminary
proposal for this tenure review, as representing the views developed
under delegated authority from the Director-General of Conservation.
[Note that additional proposals, developed after the initial report
is written, may also be put forward at the consultation stage.]
1.2 Note that statutory consents will be required before the CCL can include (in the preliminary proposal for this tenure review) the designations set out in paragraphs: 2.2.1, 2.5.1, 2.5.2 and 2.5.3, below.
1.3 Note that any disposition of land by the Crown will be subject to the relevant provisions of Part IVA Conservation Act.
2 Proposals and Justification
2.1 Land to be Restored to or Retained in Full Crown Ownership
and Control
2.1.1 Name: Birch Creek/ Dingleburn
Existing status: Pastoral Lease.
Authority: s.35 (2)(a)(i) CPLA
Proposal: That an area of approximately 3800 hectares be designated as a Conservation Area for the purpose of protecting natural resources to be managed by the Department of Conservation.
Description: This area includes part of the true left of the Dingleburn from the river to the ridge between the Dingleburn and the Ahuriri. This part of the lease is steep tussock grasslands with extensive screes. On the Ahuriri side of the ridge the top part of the catchments of the northern branches of Birch Creek are also very steep with large screes and boulderfields. Where the Birch Creek branches narrow and flatten before meeting the main creek there are beech-clad valley sides.
Justification: The land is characterised by areas that have the following significant inherent values:
(1) Attributes which sustain the special natural quality and integrity of the High Country landscape.
(2) Attributes which sustain the cultural values and their context within a High Country landscape.
(3) Meet some of the Protected Natural Area Programme criteria for protection as priority natural areas.
(4) Habitat of threatened species.
(5) Setting of high natural value for outdoor recreational opportunities in the High Country.
Management and boundary issues: Management issues to be taken into account if this proposal proceeds include:
(1) Fencing. A new fence would be needed of approximately 3kms to delineate the protected area. The new fencing would be along the lower true left of Birch Stream and would link with existing fencing that drops off the top ridge into Birch Stream and with fencing at the foot of the hill above the Ahuriri River.
(2) Tracking. Not needed.
(3) Animal pest control. There will be a need to extend the animal control work already carried out in the area. The Thar management units, in particular, will need to be assessed. Rabbit control will need to be boosted.
(4) Fire control. Firebreaking should not be needed but should
be reassessed as time goes on.
(S) Weed control. Any wilding pines that are established should
be removed.
2.1.2 Name: Ben Avon
Existing status: Pastoral Lease.
Authority: s.35 (2)(a)(i) CPLA
Proposal: That an area of approximately 800 hectares be designated as a Conservation Area for the purpose of protecting natural resources to be managed by the Department of Conservation.
Description: The upper slopes of Ben Avon peak, generally above 1200 m. Vegetation cover is predominantly indigenous with good snow tussock in the basins. On the southern side an area with good representative shrubland has been included which would protect an altitudinal sequence from the Avon Burn to the Peak. On the Ahuriri faces two gullies with remnant shrublands of high diversity and patches of beech forest have also been included.
Justification: The land is characterised by areas that
have the following significant inherent values:
(1) Attributes which sustain the special natural quality and integrity
of the High Country landscape.
(2) Attributes which sustain the cultural values and their context within a High Country landscape.
(3) Meet some of the Protected Natural Area Programme criteria for protection as priority natural areas.
(4) Setting of high natural value for outdoor recreational opportunities in the High Country.
Management and boundary issues: Management issues to be taken into account if this proposal proceeds include:
(1) Fencing. A new fence would be needed of approximately 20 kms to ensure stock was kept out of this area. This fence would be right around the hill at approximately the 1200m contour. Some other forte of stock control may be more practical and less costly.
(2) Tracking. Not needed.
(3) Animal pest control. There will be a need to extend the animal control work already carried out in the area.
(4) Fire control. Firebreaking should not be needed but should be reassessed as time goes on.
(5) Weed control. Any wilding pines that are established should be removed.
2.1.3 Name: Ahuriri Valley
Existing status: Pastoral Lease Authority: s.35 (2)(a)(ii)
Proposal: That an area of approximately 160 hectares be designated as a Scenic Reserve for the purpose of protection of natural resources to be managed by the Department of Conservation.
Description: The wetland and associated flats that lie between the Ahuriri River and the road north of the existing Scenic Reserve. Also the wetlands beside the Ahuriri River south of the existing Scenic Reserve to the southern boundary of the lease and the wetlands beside the lower Birch Stream. The wetlands consist of large shallow ponds, deep oxbow-shaped ponds, river backwaters, slow swampy streams and wet boggy areas. Part of this area is already protected as a Conservation Covenant.
Justification: The land is characterised by areas that have the following significant inherent values:
( 1 ) Attributes which sustain the special natural quality and integrity of the High Country landscape.
(2) Meet some of the Protected Natural Area Programme criteria for protection as priority natural areas.
(3) Habitat of threatened species.
Management and boundary issues: Management issues to be taken into account if this proposal proceeds include:
(1) Fencing. North of the Scenic Reserve the topside of the road should be fenced. If this is not possible the fence should run along the bottom side of the road. Some of the existing covenant fencing may be able to be used, otherwise approximately 3 km of fencing will be needed. Securing of the area from stock coming in across the river will also need to be investigated and actioned.
South of the Reserve approximately 6kms of fencing will be needed to ensure the riparian area beside the river and the river itself are protected from stock.
(2) Weed control. A decision will have to be made on the future of willows in the area. Russell lupine will need to controlled. Any other weeds that are established should be removed.
2.1.4 Name: Ahuriri River
Existing status: Crown Land Authority: s.35 (2)(a)(i)
Proposal: That an area of approximately 150 hectares be designated as a Conservation Area for the purpose of protection of natural resources to be managed by the Department of Conservation.
Description: The Ahuriri River and riverbed along the length of the lease.
Justification: The land is characterised by areas that have the following significant inherent values:
(1) Attributes which sustain the special natural quality and integrity of the High Country landscape.
(2) Meet some of the Protected Natural Area Programme criteria for protection as priority natural areas.
(3) Habitat of threatened species.
Management and boundary issues: Management issues to be taken into account if this proposal proceeds include:
(1) Fencing. As long as the areas above are fenced there will no extra need for fencing.
(2) Weed control. A decision will have to be made on the future of willows in the area. Russell lupine will need to controlled. Any other weeds that are established should be removed.
2.2 Land to be Restored to or Retained in Crown Control (Qualified Designation)
2.2.1 Name: Kettleholes
Existing status: Pastoral Lease.
Authority: s.35 (2)(a)(i) and s.36 (1) (a) CPLA
Proposal: That an area of approximately 100 hectares be designated as a Conservation Area for the purpose of protecting the natural resources, subject to the granting of a grazing concession and the area will be managed by the Department of Conservation.
Description: Kettleholes, which have variable levels of water in them on a flat terrace above the Ahuriri River. The size of the kettleholes varies from 10 hectares to 0.1 hectare. Specialised plant communities continue to hang on around the edge of the kettleholes. In between the kettleholes the vegetation cover is predominantly exotic grasslands.
Justification: The land is characterised by areas that have the following significant inherent values:
(1) Attributes which sustain the special natural quality and integrity of the High Country landscape.
(2) Meet some of the Protected Natural Area Programme criteria for protection as priority natural areas.
Management and boundary issues: Management issues to be taken into account if this proposal proceeds include:
(1) Grazing. Grazing should be monitored to assess the effect on the kettleholes. Grazing should be by sheep only.
(2) Fencing. A new fence would be needed of some 4 kms to ensure stock could be controlled in this area. It would be possible to fence the kettleholes separately but this may be more expensive and would mean less of a buffer around the kettleholes. It is desirable to retain this area as 1 block.
(3) Weed control. Any weeds that are established should be removed.
Type of qualification: Grazing licence under s.36 (l)(a) CPLA.
2.3 Existing Reserve
No changes to the existing Scenic Reserve are recommended.
2.4 Existing Conservation Area
Not applicable.
2.5 Land Being Disposed of Subject to a Protective Mechanism
2.5.1 Name: Birch Creek Track Existing status: Pastoral Lease Authority: s.40 (l)(b) CPLA
Proposal: That an area of approximately 3 hectares (3km x lOm) be designated as land that may be disposed of subject to the creation of an easement for the purpose of providing public access and conservation management access
Description: The 4wd track that starts behind the homestead and climbs to the saddle between Ben Avon and Birch Hill. Access would be for walkers and mountain bikers, as of right, 365 days per year. Access to the track would be gained by travelling up Birch Creek from the road unless permission was gained from the lessee to use the road into the farm.
Justification:
i. The track provides the opportunity to undertake a circular trip around Ben Avon peak through Ben Avon and Longslip pastoral leases. 4wd tracks can be used providing a fairly easy mountain bike and walking trip that can be undertaken in a day from the road.
ii. To enable maintenance of the track and access to the protected areas on Ben Avon and beyond.
Management and boundary issues: Signposting may be needed from the road up the river and on to the track. Fencing should not be needed.
Type of protective mechanism: Easement under s.7(2)
Conservation Act
2.5.2 Name: Ahuriri River Track Existing status: Pastoral Lease Authority: s.40 (l)(b) CPLA
Proposal: That an area of approximately 2 hectares (2km x 1Om) be designated as Land that may be disposed of subject to the creation of an easement for the purpose of providing public access and conservation management access.
Description: The 4wd track that leaves the main road through the lease 4km from the lease boundary and traverses paddocks to the Ahuriri River. Access would be for 4wds, walkers and mountain bikers, as of right, 365 days per year.
Justification: The track provides the opportunity to get access to the river down a well-formed track. Access is needed to the river for fishing and scenic enjoyment.
As well as providing the Department of Conservation with access for management of the public conservation area.
Management and boundary issues: Signposting may be needed from the road to the river. Fencing should not be needed.
Type of protective mechanism: Easement under s.7(2)
Conservation Act.
2.5.3 Name: Ben Avon Track Existing status: Pastoral Lease Authority: s.40(1)(b) CPLA
Proposal: That an area of approximately 0.5 hectares (0.5km x 10m) be designated as land that may be disposed of subject to the creation of an easement for the purpose of providing public access.
Description: Access is needed along a fenceline from the main road to the foot of the hill and the proposed Conservation Area. The access would leave the road about 2km from the lease boundary. Access would be for walkers only, as of right, 365 days per year
Justification: The track provides the opportunity to get access to Ben Avon peak and the proposed Conservation Area on the mountain. The climb up to Ben Avon would pass through developed pasture, diverse shrublands, tussock grasslands and screefields.
Management and boundary issues: Signposting may be needed from the road to the Conservation Area. Fencing should not be needed.
Type of protective mechanism: Easement under s.7(2) Conservation Act
2.6 Other qualified designations
Not Applicable
3. Exemption or variation of a marginal strip width
When the CCL gives notice under Part IV A Conservation Act
of any disposition of lands these matters will be further investigated.
4 Other Matters
4. l The values of the protected areas on this property are very much affected by what happens on the adjoining Birchwood and Quailburn pastoral leases. This report should be considered in conjunction with those properties.
All matters raised by NGOs in their submission or comments are supported in this report.
5. Attachments
5.1. Illustrative Maps
(i) Recommendations
Commissioner of Crown Lands
C/- DTZ New Zealand Ltd
P O Box 27
Alexandra
PANZ is pleased to support the broad thrust of the proposals, however the following areas require attention before the objects of the Crown Pastoral Land Act (CPLA) are fulfilled.
PANZ has inspected the property and appreciates the cooperation of the lessee in granting access for this purpose. We have also analyised a range of official documents relating to the proposals. This has greatly assisted our understanding of issues.
We are pleased that the proposals are integrated with those on the adjoining Longslip Station. We note the intended provision of public access on Longslip from the Birchwood Road to the Avon Burn. If this access were not to eventuate, it is essential that alternative provision be made on Ben Avon.
Northern Wetlands
Besides being of considerable biological value, the Ahuriri
Valley-floor wetlands are of considerable aesthetic and recreational
value. We are pleased that the lessee previously agreed to reservation
of the Ben Avon Lagoon and covenanting of associated wetlands
to the north. These are now proposed to be incorporated into a
larger area to be retained in Crown ownership.
As the DOC Conservation Resources Report states, "the lagoon in the Scenic Reserve is a favourite site for tourists and photographers". However the boundary earlier chosen for this scenic reserve has been minimalist, with less than the equivalent of a marginal strip of 20 m reserved. Consequently there is a narrow ribbon of pastoral lease, now proposed freehold, between the Birchwood Road and the southern boundary of the reserve, and inadequate access around the eastern shore of the lagoon. The road-side ribbon is as little as a few metres wide in places (photo 1). This should be included in the reserve so as to prevent incompatible development between the road and the lagoon, and to allow uninhibited public access. Currently legal access is only available at the SW corner of the reserve (bottom right in photo 1), however this unfenced, road-side open space implies uninhibited access along its full frontage.
It is highly desirable that stock are excluded from the unfenced southern shore of the lagoon, however we believe that fencing along the lagoon-side road boundary would be very intrusive and inhibiting of public access and enjoyment of the lagoon margins. The reserve classification of 'scenic' underlies the importance of public use and enjoyment, however the existing boundaries and those proposed in the tenure review do not reflect this. We submit that this ribbon of land be added to the scenic reserve, with the southern boundary of the road fenced.
Between the Birchwood Road and the Ahuriri River, north of the Ben Avon Lagoon, there are extensive wetlands most of which are proposed for Crown retention. However there is an almost continuous ribbon of developed pasture alongside the road that is proposed for freeholding, without provision for public access from the road to the wetlands and river. Because of the visibility of the wetlands and river from the road and their proximity, there will be a natural tendency for visitors to leave the road and cross these paddocks. During my inspection of the property I saw such activity. Without formal provision for public access, this is likely to continue. Seasonally there is intense public pressure for access, by anglers in particular (photo 2).
We submit that the whole area, from the Ben Avon Lagoon in the south to the northern boundary, out to the Ahuriri River, be retained in Crown ownership in recognition of its outstanding landscape and recreational values.
Marginal strips along Ahuriri River
We note that there are historic fixed or 'unmovable' marginal
strips the entire length of the Ahuriri River on the true right
bank.
A DOC plan of 2 March 2001 entitled 'Ahuriri River' plots the strips' landward boundary. This shows that, as can be expected with a braided river, this has shifted position since strip establishment. Substantial portions of the 'landward' margin of the strip now appear to be on the bank, mid-river, or even across the river. Consequently the legal alignment no longer serves the public purposes for which it was created.
The CCL has decided that marginal strips shall not be dealt with during tenure review; that these should be dealt with independently by DOC. PANZ vigorously rejects such unwarranted inaction by the CCL as this fails to advance the Crown's legitimate interests, and the public interest, on pastoral lands.
If the CCL's narrow view is applied to this case, on new sections of river bank (ie. in a new position, away from an existing strip) there will remain a duty under s 24 Conservation Act to provide new, movable strips, whereas historical strips that remain along banks would be fixed in position. With further shifting of the river, both new and old strips will become disconnected and therefore unusable. Failure to rationalise marginal strips as part of tenure review will only serve to compound the problem. If tenure review does not provide an incentive to permanently rectify the situation, it is highly unlikely that any other opportunity will arise in the future. There certainly will not be further 'dispositions' of Crown land to trigger the marginal strip provisions of the Conservation Act - this tenure review will be the last Crown disposition.
We submit that, as a condition of CCL approval for tenure review, the lessee's approval is obtained to exchange the existing marginal strip the length of the river for a new movable strip. Authority for such action is provided by s24E Conservation Act. This provision was enacted in 1990 to accommodate this particular need, despite strong objections from DOC. The department unsuccessfully sought a general right of strip disposal, without a commensurate obligation to provide replacements. Contrary public opinion prevailed, as embodied in s 24E. It is most unlikely that DOC would ever initiate an exchange of strips unless forced upon them, even for this nationally important river. Now is the time for official action. The public credibility of the tenure review programme will be in large part hinge on official willingness to accommodate well-aired public aspirations for assured access to and along waterways. The current hands-off policy is inevitably destined to be subject to ridicule and contempt.
Access to the Ahuriri River
As noted above, there is a pressing need to provide for public
access to the river from and to the north of the Ben Avon Lagoon.
This would be best achieved by public reservation between the
road and river.
However, south of the Birch Creek confluence, because of the considerable distance from the road, and the large extent of developed pasture, access easements are acceptable provided these provide practical and secure access.
Two easements are proposed. We welcome the proposed vehicle access 'i - j' over the existing vehicle track on the true left bank of Birch Creek. It is very desirable that vehicle access to the river is available for convenience of access, and to allow boat ingress. We do however have a concern about this proposed route as Birch Creek is braided and parts of the existing track have been washed away. This is likely to be an ongoing problem. We understand that, under New Zealand law, easements do not need to be defined between starting and end points, as long as these points are defined. This would convey a right of passage between start and finish irrespective of the current route being obliterated from time to time. There are no physical constraints to vehicles deviating off washed-out sections, and a new track being established.
The intention of foot, cycle and horse access over the second proposed easement 'e - f' is most welcome, however the implementation is "something less than desired". This route utalises the southern legal boundary of Ben Avon. I have inspected this alignment both from the air and ground. Unless the intended users are into base-jumping / parachuting, it is difficult to envisage great popularity for this route. Horses would have particular difficulty in the latter pursuits and even greater difficulty surviving the experience. The route goes over a cliff more than 150 feet high! (photo 3).
It is obvious that this 'deficiency' has to be rectified (the only feasible alternative route is to traverse northwards along the lip of this eroded river terrace for approximately 700m to where a gully leads down to the river flats). However the more significant issue is how could such a proposal have ever got as far as being adopted as an advertised Preliminary Proposal? Who proposed this route and what field checking if any was done? This idiotic proposal brings into disrepute the tenure review process and those conducting it. It appears that public recreational needs amount to no more than after-thoughts, unwarranting even the more basic investigation.
There is a potential definition problem with this easement following the legal boundary rather than the actual fenced boundary with Longslip. If this area were afforested up to the existing fenceline, the route could become obscured unless clearly marked and maintained. It would be preferable to utalise the fenced boundary out to the lip of the river terrace cliff, then follow it northwards to the above mentioned gully leading to the river margin. As Longslip is being reviewed concurrently, it should be possible to reach agreement to align the legal property boundaries to the common fenced boundary.
Other access easements
There is no provision in the Ben Avon proposals for direct
access to the Avon Burn from the Birchwood Road. However the advertised
Longslip Preliminary Proposal makes such provision (easement
'a - m'). This is the much preferred route for non-motorised
access, as it is shorter and avoids approximately 6 km of private
road which would not be particularly interesting travel.
As we noted in our introduction, if this access were not to eventuate, it is essential that alternative provision be made on Ben Avon.
It appears that easement 'g - h' provides practical access to Ben Avon (the mountain) from the Birchwood Road. Likewise easement 'b - a' to Puke Makariri, however its location within the farmed Birchwood boundary could cause problems given the lengthy history of public access difficulties on this property.
If there is any rationalisation of legal boundaries between Ben Avon and Longslip or Birchwood these easements, including 'e - f', must be secured. To this end, conditions should be added to the easement documents that these encumbrances must remain registered on the titles no matter what changes to underlying land ownership occur.
Easement 'c -d' along the ridge crest between the high country blocks proposed for Crown retention is very necessary and we strongly support this. However this appears to duplicate easement 'm - n' on Longslip. The existing formed track should be the easement route, irrespective of which property it lies on.
Boundaries of high country blocks
We are generally happy with the Ben Avon boundaries,
having inspected and photographed these from the air. However
many of the proposed fence lines traverse steep and highly visible
faces above the Ahuriri Valley. We request that no new earth disturbance
be permitted in the construction of these fences. If that is unavoidable,
then alternative boundaries, preferably existing fences, should
be utalised.
While we are naturally happy that all the alpine Puke Makariri area, extending over to the floor of the Dingle valley, is proposed for Crown retention, there are problems with the proposed Birch Creek and Ahuriri valley boundaries.
There are two aspects to our concerns over the Birch Creek boundaries. One is that an unfenced boundary is proposed along a beech forest margin, whereas a practical fenceline could have been selected along a ridge crest. This was recognised as a desirable boundary in the Draft Preliminary Proposal, however the south-facing slope between the ridge and the beech is now proposed for freeholding (photo 4). This face is actively regenerating with woody shrubs and is hardly prime pastoral land. Burning would likely be required to maintain grazing on the slope above the beech forest, so endangering the forest. It is not unlike other regenerating faces proposed for Crown retention. A ridge-crest boundary would allow future fencing if required to exclude stock, however the official proposed boundary would be very difficult to fence if this proved necessary.
Our other concern is the provision of practical public access up the creek to the two beeched catchments (photos 4 and 5). Access is intimately related to marginal strip provision (see further discussion below). There are some existing fences up the valley floor, however if these are utalised as boundaries, public access could be inhibited. As marginal strips will/should be established, it would make sense to fence along the landward margin of the strip on the true right bank, rather than between the strip and conservation area on the true left. Fencing on the true right would also be easier.
The absence of fences on the true left bank would enable the most practical access close to the stream and further away where some track formations exist. It seems pointless to fence between a marginal strip and another form of conservation area, when the whole left bank should be stock proof and freely available for recreational use. There are beech fringed stream margins and small flats that are very attractive for camping or picnicking. These should all be retained in Crown ownership.
The alignment of a new fence up the spur beyond the second beeched catchment needs to be carefully chosen. The spur is very narrow at its base and the ridge crest, hemmed in by beech tress, and provides the only practical access on foot. A fence up this section of ridge would create an obstacle course (photo 5).
Another concern is the proposed boundaries is along the Ahuriri Valley faces. There is a natural boundary at the change of slope between the mountain faces and the broad fans leading to the valley floor. This is already fenced. From DOC recommending this as the boundary in their Conservation Resources Report, the boundary has been progressively pushed upslope through the Scoping Report and Draft Preliminary Proposal stages to the current Preliminary Proposal.
What is now proposed, as a freehold/conservation area boundary, is a completely unnatural line that is incapable of fencing, if this proves necessary, as it cuts across deeply incised gullies and steep eroded faces (photo 6). There appears to have been little consideration of potential impacts on landscape values arising from present and future utalisation of the freehold area, except within Area 1 proposed for a conservation covenant. However this only extends over part of the lower faces proposed for freeholding.
We submit that the existing toe-of-the-hill fence become the conservation area boundary, as per the Draft Preliminary Proposal, with a grazing concession offered over the lower slopes.
Marginal strip provision
Unlike on some other pastoral leases subject to tenure review,
we are pleased to see that on Ben Avon's lease renewal in 1992,
marginal strips were established where they did not already exist.
The Due Diligence Report states, p 1, that in 1992 the Chief Surveyor defined marginal strips for the property. An exemption for Birch Creek was not granted. These strips were recorded on SO 23881, which also shows an existing s58 Land Act strip the length of the Ahuriri River.
The new marginal strips are on the Dingle (full length of leasehold), the Avon Burn (as far as the first forks), Birch Creek (as far as a narrows near the Homestead), around part of an 'unnamed lake over 8 ha' being Ben Avon lagoon, and what appears to be a duplicate strip along the Ahuriri.
We question the adequacy of these provisions along Birch Creek. My inspection revealed that the stream bed is approximately 8 metres wide at the 'narrows', and widens considerably upstream and remains well over the qualifying statutory "average width of 3 metres or more" as far as the mouth of the second forested catchment (photos 7, 4, 5). Therefore the Chief Surveyor failed to fully discharge his statutory duties. It appears that the CS did not do a field inspection, possible relying solely on (inaccurate) air photo interpretation. This deficiency now has to be rectified, particularly as public access to proposed high county conservation areas depends on marginal strips being established up Birch Creek.
I note in the official information supplied to PANZ that DOC is of the view that this upper section of Birch Creek qualifies for marginal strips, however, going by official performance to date, there is no assurance that this will necessarily occur.
On 17 November 1999 the CCL, as a matter of policy, decided that despite marginal strips being a direct consequence of tenure review, that all decisions relating to them are left to DOC and are outside the formal review process.
Consequently, with all marginal strip decisions internalised within DoC, and Chief Surveyors' offices, there is no public accountability for official performance. This is despite marginal strips often being intimately related to public access proposals through the advertised tenure review process. It is nonsense, when it is the disposition of Crown land through tenure review that is the trigger for creating marginal strips, that these actions are arbitrarily divorced from the public arena.
What assurance can the public have that the intended access up Birch Creek will be provided by way of marginal strips? If not established, will the CCL implement an alternative access easement, as we believe he is obliged to do. An easement was originally proposed over an existing vehicle track past the homestead. We agree with the lessee's objection that this would be an invasion of privacy and support the alternative route via Birch Creek, provide this is in fact established.
SO 23881 reveals another anomaly. It depicts 'I - J' being the extent of a strip around the 'unnamed lake', excluding the 'frontage' onto Birchwood Road. The Due Diligence Report, p 11, states that this is no longer required because this area has become a Scenic Reserve. That is true for those shores within the reserve, however not for the southern shore. This remains as pastoral lease, being the narrow ribbon of land between the lagoon and the road earlier referred to in this submission (photos 1 and 2). It appears that the CS failed to reserve all the margins of the lake that lie within the leasehold. This must be rectified. A variable width strip must be created between the lagoon and the road reserve so that all these shores are protected from development and freely available for public use.
The Chief Surveyor's treatment of the Ahuriri River requires examination. He records on SO 23881 'G - H' "Crown Land Reserved from Sale" and subject to section 24(3) Conservation Act effective from 10/4/90. Section 24(3) relates to every strip of land reserved from sale or other disposition prior to the commencement of this section, being 10/4/90. Section 24(3) strips are expressly excluded from the movable strip provisions (s24G(7)) ).
However the CS appears to make a duplicate reservation over 'G - H', being described as "Run 429A" and subject to section 24(9) from lease renewal date of 1/7/92. Section 24(9) strips are subject to the movability provisions of section 24G. If a s24(9) strip replaces the s24(3) strip a key element of this submission would be satisfied. If not, alternative action needs to be taken, as we advocate earlier in this submission.
Finally, the CCL's position of 'leave-it-to-DOC' must be abandoned. It is untenable for such a negligent policy to continue.
Yours faithfully
Bruce Mason
Researcher and Co-Spokesman
Appendices: 7 A4 colour
photographs